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Waggoner Memo to Committee 11 (February 6, 2007)

handle is hein.nccusl/nccpub01063 and id is 1 raw text is: APPENDIX A
CURRENT UPC SECTIONS TO BE AMENDED OR REPLACED
§ 2-103. Share of Heirs other than Surviving Spouse. Any part of the intestate estate not passing
to the decedent's surviving spouse under Section 2-102, or the entire intestate estate if there is no
surviving spouse, passes in the following order to the individuals designated below who survive the
decedent:
(1) to the decedent's descendants by representation;
(2) if there is no surviving descendant, to the decedent's parents equally if
both survive, or to the surviving parent;
(3) if there is no surviving descendant or parent, to the descendants of the decedent's parents or
either of them by representation;
(4) if there is no surviving descendant, parent, or descendant of a parent, but the decedent is
survived by one or more grandparents or descendants of grandparents, half of the estate passes to
the decedent's paternal grandparents equally if both survive, or to the surviving paternal
grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both
are deceased, the descendants taking by representation; and the other half passes to the decedent's
maternal relatives in the same manner; but if there is no surviving grandparent or descendant of a
grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's
relatives on the other side in the same manner as the half.
§ 2-104. Requirement that Heir Survive Decedent for 120 Hours. An individual who fails to
survive the decedent by 120 hours is deemed to have predeceased the decedent for purposes of
homestead allowance, exempt property, and intestate succession, and the decedent's heirs are
determined accordingly. If it is not established by clear and convincing evidence that an individual
who would otherwise be an heir survived the decedent by 120 hours, it is deemed that the individual
failed to survive for the required period. This section is not to be applied if its application would
result in a taking of intestate estate by the state under Section 2-105.
§ 2-108. Afterborn Heirs. An individual in gestation at a particular time is treated as living at that
time if the individual lives 120 hours or more after birth.
§ 2-113. Individuals Related to Decedent Through Two Lines. An individual who is related to
the decedent through two lines of relationship is entitled to only a single share based on the
relationship that would entitle the individual to the larger share.
§ 2-114. Parent and Child Relationship.
(a) Except as provided in subsections (b) and (c), for purposes of intestate succession by,
through, or from a person, an individual is the child of his [or her] natural parents, regardless of their
marital status. The parent and child relationship may be established under [the Uniform Parentage
Act] [applicable state law] [insert appropriate statutory reference].
(b) An adopted individual is the child of his [or her] adopting parent or parents and not of his
[or her] natural parents, but adoption of a child by the spouse of either natural parent has no effect
on (i) the relationship between the child and that natural parent or (ii) the right of the child or a

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